Beware of this CSOS Appeal Pitfall

Beware of this CSOS Appeal Pitfall

In Hanekom N O and Others v Nuwekloof Private Game Reserve Farm Owners Association a trust referred a levy dispute with a Homeowners’ Association (“the HOA”) to the Community Schemes Ombud Service (“CSOS”) for resolution. The CSOS Adjudicator found in favour of the...
Mediation as ADR

Mediation as ADR

Mediation is an alternative form of dispute resolution where an independent third party (called a mediator) facilitates a settlement between the parties. The process is voluntary meaning that it requires the consent and co-operation of both parties to be used. High...
An arbitrator’s right to be wrong.

An arbitrator’s right to be wrong.

In a judgment handed down earlier this year, the South Gauteng High Court restated the legal principles for reviewing an arbitration award. Any party who seeks to challenge an arbitration award under s 33(1) of the Arbitration Act 42 of 1965 would be well-advised to...